Mangatram S/O Karamchand vs State Of Rajasthan
2021 Latest Caselaw 3393 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S. B. Criminal Misc. (SOSA) No. 47/2021

                                       In

                S.B. Criminal Appeal No. 305/2020

Mangatram S/o Karamchand, Aged About 22 Years, resident of
Vath Rohad, Gaav Ninola Kee Pass, Police Station Sadar Ambala,
district Ambala (Haryana) presently resides at Dinesh Kaa Kiraye
Kaa Makan, Durga Nagar Colony, Hissar Road Ambala (Haryana)
presently confined in District Jail, Tonk
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s) : Mr. Dheeraj Singhal, Advocate For Respondent(s) : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

03/08/2021

1. Heard on application for suspension of sentence.

2. This criminal appeal has been preferred against the

judgment dated 02.12.2019, passed by Special Judge in NDPS

Tribunal, Kota, District Kota, by which the appellant has been

convicted and sentenced as under:-

Under Section 8/15 of NDPS Act, 1985 Six years RI with fine of Rs.30,000/-. In case of default to undergo additional RI of 2 months.

3. It has been submitted on behalf of the appellant that

there are no criminal antecedents of the petitioner. He has

(2 of 2) [CRLAS-305/2020]

already served One year Eleven Months and 15 days of sentence

out of six years. Mandatory provisions of NDPS Act, 1985 have

not been complied with. There are several contradictions in the

prosecution's evidence. The recovered quantity of contraband

(Poppy Straw) is 13.500 grm. It is less than commercial quantity.

Decision of the appeal will take time.

4. Learned Public Prosecutor has opposed the application

for suspension of sentence.

5. Taking into consideration the submissions of learned

counsel for the appellant, evidence available on record and overall

facts and circumstances of the case but without commenting upon

merits of the case, this Court deems just and proper to allow the

application for suspension of sentence.

6. Accordingly, the application for suspension of sentence

is allowed. It is ordered that the sentence awarded to accused-

appellant Mangatram S/o Karamchand in Sessions Case No.

35/2019 shall remain suspended till disposal of this criminal

appeal and he shall be released on bail provided the appellant

furnishes a personal bond of Rs. 1,00,000/- (Rupees One Lakh)

and two sureties of Rs.50,000/- (Rupees Fifty Thousand) each to

the satisfaction of the learned trial Court for his appearance in this

Court on 03.09.2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja/46

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